A husband and wife, the plaintiffs in this case, suffered severe injuries when their motorcycle struck an automobile that turned left in front of them on old US 27, south of Marshall, Michigan.
The automobile, a Mercedes convertible, was attempting to turn into a campground, owned by Fraser Trebilcock’s client. As the driver of the Mercedes started his turn, he realized that he was turning into the exit to campground when he saw spike stripping across the exit drive. Rather than complete his turn and then safely back out, the driver instead swerved back onto the public road and into the path of the oncoming motorcycle.
An expert for the plaintiffs contended that the entrance/exit was improperly designed and that the campground failed to have adequate signage and that such defects were a proximate cause of the accident. The motion for summary disposition was brought on the pleadings alone.
Calhoun County Circuit Court Judge Sarah Lincoln ruled from the bench that the accident was not foreseeable under the circumstances and therefore no duty was owed by the campground.